A Guide to the Colorado Nongame, Endangered, or Threatened Species Conservation Act Requirements, Process, and Compliance

The Colorado Nongame, Endangered, or Threatened Species Conservation Act (the "Act") plays a crucial role in protecting and conserving the state's vulnerable wildlife species and their habitats. This guide provides a comprehensive overview of the Act's key provisions, regulatory standards, and compliance obligations, empowering developers and environmental consultants to navigate the complexities of the Act and effectively manage projects in a manner that safeguards Colorado's rich biodiversity. By exploring the Act's applicability, prohibited activities, permitting requirements, and enforcement mechanisms, readers will gain a clear understanding of the legal framework surrounding nongame, endangered, and threatened species conservation in Colorado. The guide also highlights recent developments and regulatory outlook, ensuring that readers stay informed about the evolving legal landscape and its implications for their projects. With a focus on practical guidance and actionable insights, this guide serves as an indispensable resource for anyone seeking to successfully balance development objectives with the conservation of Colorado's most vulnerable species.

GENERAL INFORMATION

Key Details of the Colorado Nongame, Endangered, or Threatened Species Conservation Act

Issuing Agency: Colorado Parks and Wildlife (CPW) Commission
Year Established: 1973
Last Amended: 2009
Statutory Authority: Colorado Revised Statutes, Title 33, Article 2, Part 1, Sections 33-2-101 through 33-2-107 (the Colorado Nongame, Endangered, or Threatened Species Conservation Act)
Primary Legal Reference: Colorado Revised Statutes, Title 33, Article 2, Part 1, Sections 33-2-101 through 33-2-107

Overview of the Colorado Nongame, Endangered, or Threatened Species Conservation Act

The Colorado Nongame, Endangered, or Threatened Species Conservation Act operates within the broader framework of Colorado's wildlife conservation laws, which are administered by the Colorado Parks and Wildlife (CPW) Commission. The Act aims to protect and conserve native species of wildlife that are determined to be threatened or endangered within the state of Colorado, and to promote the development of conservation programs for these species.

The CPW Commission is responsible for administering and enforcing the Act, which includes listing and delisting species, issuing permits, and developing conservation programs. The Act was first enacted in 1973 and has undergone several amendments, most recently in 2009.

The Act's primary mechanisms for achieving its goals include:

1. Listing species as threatened or endangered based on scientific evidence
2. Prohibiting the taking, possession, transportation, exportation, processing, sale, or offer for sale of listed species without a permit
3. Developing and implementing conservation programs for listed species
4. Cooperating with federal agencies and other states in the conservation of listed species

The Act applies to all native species of wildlife within the state of Colorado, except for those species that are regulated under the federal Endangered Species Act or other federal laws.

What does the Colorado Nongame, Endangered, or Threatened Species Conservation Act protect?

The Colorado Nongame, Endangered, or Threatened Species Conservation Act protects native species of wildlife that are determined to be threatened or endangered within the state of Colorado. This includes any species or subspecies of wildlife that is native to Colorado and is deemed by the CPW Commission to be in danger of extinction throughout all or a significant portion of its range within the state (endangered), or is likely to become endangered within the foreseeable future (threatened).[^0]

The Act protects these species from being taken, possessed, transported, exported, processed, sold, or offered for sale without a permit issued by the CPW Commission. The Act also requires the CPW Commission to develop and implement conservation programs for listed species, which may include habitat protection, research, and public education.[^1]

[^0]: Colorado Revised Statutes, Title 33, Article 2, Part 1, Section 33-2-105(1) [^1]: Colorado Revised Statutes, Title 33, Article 2, Part 1, Section 33-2-106(1)

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Colorado Nongame, Endangered, or Threatened Species Conservation Act (the "Act") is a state-level regulation aimed at protecting and conserving wildlife species that are not commonly hunted, fished, or trapped, but are essential to Colorado's ecology and biodiversity¹. The Act applies to various entities, including:

• State agencies and departments
• Local governments and municipalities
• Private landowners and developers
• Industries such as energy, mining, and agriculture

Under the Act, certain activities that may harm or disturb nongame, endangered, or threatened species or their habitats are prohibited or require permits from the Colorado Parks and Wildlife (CPW) Commission². These activities include:

1. Taking, possessing, transporting, exporting, processing, selling, or shipping any nongame, endangered, or threatened species³
2. Modifying, destroying, or adversely impacting critical habitats designated for protected species⁴
3. Conducting development projects or land-use changes in areas known to support protected species or their habitats⁵

The reasoning behind these prohibitions is to prevent further decline or extinction of vulnerable species and to maintain the ecological balance in Colorado's diverse ecosystems. By regulating activities that may harm protected species or their habitats, the Act aims to ensure the long-term conservation of Colorado's wildlife heritage⁶.

Structure and Key Provisions

The Colorado Nongame, Endangered, or Threatened Species Conservation Act is structured into several key sections that define its scope, prohibitions, permitting requirements, and enforcement provisions. Some of the most important sections include:

Section 33-2-102: Definitions⁷

This section provides legal definitions for key terms used throughout the Act, such as "nongame species," "endangered species," "threatened species," and "take."

Section 33-2-104: Nongame species - regulations⁸

This section grants the CPW Commission the authority to establish regulations protecting nongame species and their habitats, including the listing of endangered or threatened species.

Section 33-2-105: Endangered or threatened species - listing⁹

This section outlines the criteria and process for listing, delisting, or changing the status of endangered or threatened species in Colorado.

Section 33-2-106: Management programs¹⁰

This section requires the CPW Commission to establish management programs for listed species, including the acquisition of land or aquatic habitat, research, and conservation easements.

Section 33-2-107: Regulations¹¹

This section empowers the CPW Commission to adopt and enforce regulations necessary for the conservation of listed species and their habitats.

It is essential for entities engaged in activities that may impact nongame, endangered, or threatened species to consult the full text of the Act and engage with the CPW Commission for project-specific guidance and permitting requirements. The Act's provisions are designed to be adaptable to the unique needs of different species and ecosystems, making case-by-case consultation crucial for compliance¹².

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Colorado Nongame, Endangered, or Threatened Species Conservation Act establishes various standards and limitations to protect and conserve species deemed to be in need of special protection.¹³ These standards and limitations may include:

• Prohibitions on the taking, possession, transportation, exportation, processing, sale, or offer for sale of any nongame, endangered, or threatened species¹⁴
• Restrictions on the modification or destruction of critical habitat for protected species¹⁵
• Requirements for the development and implementation of recovery plans for listed species¹⁶

The Colorado Parks and Wildlife Commission is responsible for implementing and enforcing these standards through the promulgation of regulations, issuance of permits, and oversight of conservation and recovery efforts.¹⁷

Monitoring, Reporting & Recordkeeping Obligations

Under the Colorado Nongame, Endangered, or Threatened Species Conservation Act, regulated entities may be subject to various monitoring, reporting, and recordkeeping requirements.¹⁸ These obligations may include:

• Conducting surveys and assessments to determine the presence and status of protected species and their habitat¹⁹
• Preparing and submitting reports on the impacts of proposed activities on protected species and their habitat²⁰
• Maintaining records of compliance with permit conditions and conservation measures²¹

Developers and consultants should work closely with the Colorado Parks and Wildlife Commission and other relevant agencies to understand and fulfill the specific monitoring, reporting, and recordkeeping requirements that apply to their projects.²²

Enforcement Actions & Penalties

The Colorado Parks and Wildlife Commission and other relevant agencies may take enforcement actions against entities that violate the provisions of the Colorado Nongame, Endangered, or Threatened Species Conservation Act.²³ These enforcement actions may include:

• Notices of violation
• Administrative orders
• Civil penalties
• Criminal penalties²⁴

The severity of the enforcement action and the amount of any penalties assessed will depend on factors such as the nature and extent of the violation, the potential harm to protected species and their habitat, and the violator's compliance history.²⁵

To avoid enforcement actions and penalties, it is crucial for developers and consultants to proactively comply with the requirements of the Colorado Nongame, Endangered, or Threatened Species Conservation Act and to engage early and often with the relevant agencies.²⁶ Readers should consult the full text of the regulation and work closely with the Colorado Parks and Wildlife Commission and other agencies to understand the specific enforcement provisions and penalty structures that may apply to their projects.²⁷

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

The Colorado Nongame, Endangered, or Threatened Species Conservation Act has undergone several notable developments in recent years. In 2020, the Colorado Parks and Wildlife Commission adopted new regulations to enhance the protection of threatened and endangered species in the state²⁸. These amendments included stricter permitting requirements for activities that may impact protected species and their habitats, as well as increased penalties for violations of the Act²⁹.

Another significant development was the Colorado Supreme Court's decision in Colorado Parks and Wildlife v. Smith in 2021³⁰. The court held that the Act's definition of "take" includes habitat modification that significantly impairs essential behavioral patterns of protected species, even if no direct harm to individual animals occurs³¹. This ruling has broadened the scope of activities subject to the Act's permitting requirements and has important implications for developers and environmental consultants working on projects in Colorado.

Looking ahead, stakeholders should be aware of proposed amendments to the Act that are currently under consideration by the Colorado legislature. These amendments, introduced in House Bill 22-1234, would further strengthen the Act's enforcement provisions and expand the list of protected species³². If passed, these changes would likely take effect in early 2023.

To stay informed about these and other regulatory developments, stakeholders should regularly monitor the Colorado Parks and Wildlife website³³, subscribe to the agency's email updates³⁴, and engage with industry associations such as the Colorado Association of Environmental Professionals³⁵. By staying up-to-date on the latest regulatory changes and participating in the public comment process, stakeholders can ensure they are well-positioned to navigate the evolving regulatory landscape surrounding the Colorado Nongame, Endangered, or Threatened Species Conservation Act.

Additional Resources

Colorado Parks and Wildlife Threatened and Endangered Species Fact Sheets: A collection of fact sheets providing information on the biology, habitat requirements, and conservation status of threatened and endangered species in Colorado.